Knowledge and resources

This chapter looks at how it is possible to transfer parental responsibility proceedings between member states, beyond the jurisdictional rules.

To the extent that there is a codified jurisdictional rule in England & Wales, it is found in Chapter II of the Family Law Act 1986 (FLA 1986). Never the easiest piece of legislative drafting, the Act has grown increasingly more cumbersome through successive amendments to take account of various international instruments concerned with jurisdiction.

This is a quick reference guide to assist in identifying the appropriate regulation, statute or convention, but in all cases it is necessary to review the specific instrument to ensure that it applies

The issues discussed in this section arise when the financial resources of a couple divorcing in England & Wales include an overseas pension or the family lawyer is contacted by an overseas lawyer to explain that the financial resources of a couple divorcing abroad include a pension from an English provider.

This section summarises various types of trusts and what steps the family solicitor should consider when faced with one. It is beyond the scope of this guide to provide more than a brief overview of this complex subject.

This chapter deals with whether it is possible to swear a document abroad to be used in English proceedings and who can swear a document abroad; the taking of evidence abroad; and evidence of foreign law.

This section covers freezing injunctions in international cases. Practitioners need to be very careful when seeking such injunctions as whilst relatively easy to come by, they may turn out to be a poisoned chalice.

This chapter is set out in sections dealing with the law and procedure for serving documents issued in the jurisdiction of England & Wales in the different categories of foreign jurisdictions (outgoing process).

Until future case law clarifies how former civil partners will be treated under the Matrimonial and Family Proceedings Act 1984 (MFPA), this section focuses on the law relating to formerly married couples as applied in England and Wales.

This section covers financial provision for children where there are international aspects (although it does not cover enforcement of child maintenance). Most likely, one or both of the parties are non-British nationals and/or reside in different countries. Or both parties might be British but reside abroad.

This section considers some issues which can arise when it is possible to raise divorce or civil partnership proceedings in more than one UK jurisdiction.

This chapter covers issues in jurisdiction on divorce, such as stays within the E.U., division of assets, spousal maintenance, child maintenance, stays outside the E.U. and same-sex couples.

Family law practitioners should also bear in mind key factors such as choice of court and law when advising on and drafting marital agreements for international parties.

A forced marriage is one which takes place without the full and free consent of both parties.

Resolution is producing regular briefings on Brexit. This is the March 2019 edition.

On 6 March 2019 a select group of family lawyers came together in Resolution’s new offices to discuss the ‘mad riddle’ of Brexit, and the implications of a no deal scenario. Are there any positive possibilities on the horizon – the end of the EU Maintenance Regime perhaps? Or are we throwing away decades of careful co-operation, just as international elements of separation are on the rise? The debate may be academic by the time you are reading this, but the issues are likely to be in play one way or another for years to come.

Resolution held a roundtable discussion to consider the possible implications for family law practitioners of the UK exiting from the EU without a deal.

A follow up to our previous joint note with The Law Society providing guidance to family law solicitors in the case of a no-deal exit from the EU.

Resolution is producing regular briefings on Brexit. This is the February 2019 edition.

Resolution is producing regular briefings on Brexit. This is the January 2019 edition.